One for the brains of the board please?

climbingoutoftheabyss

No. No other correspondence from them at all.

As you can see, the default is dated 22 December, according to the court notice Restons picked it up on the 16th January. They wasted no time getting it to court and we've had no contact with anyone since that default.

10past6

climbingoutoftheabyss wrote: »

No. No other correspondence from them at all.

As you can see, the default is dated 22 December, according to the court notice Restons picked it up on the 16th January. They wasted no time getting it to court and we've had no contact with anyone since that default.

Try not to get to uptight about what they've done, the courts are not stupid regarding these muppets.

OK, hold on let me re read your OP.

10past6

Right, how old is this a/c please?

climbingoutoftheabyss

My wife opened the account, it was a Chelsea football club credit card originally issued by the Co-op about 10 or 11 years ago, MBNA took it over when they got in to the football club thing.

We got in to difficulties about 3 or 4 years ago, we began our DMP with Payplan two years ago.

10past6

You have a choice how you proceed from here, you can either admit the claim / part admit / or deny the claim, whatever you decide the choice is yours but I’ll explain a little.

As it stands today, this is what you need to do.

Acknowledge the claim as you must acknowledge it within 14 days.

Request you CCA from the company you’re paying NOW.

You cannot fight a claim without the T&Cs your wife agreed to at the time of opening the account, those are the T&Cs they are using against you.

This is not a difficult case, it’s just long and drawn out getting to the final result.

climbingoutoftheabyss

OK, thanks for your help, much appreciated.

So, I acknowledge the claim, but which am I going with defend all/defend part/contest (or is it irrelvant at this stage?) My wife signs, that gives us 28 days and I believe they move the case to our nearest?

I guess we write to Reston's and ask for the CCA (do you have a link to the template for this letter?)

Looking at the court form, the claimant is actually MBNA (I hadn't seen that), but address for documents or payment is Restons - I guess that confirms restons for the CCA .

What happens if Restons don't return the CCA by the date of the court case?

10past6

climbingoutoftheabyss wrote: »

So, I acknowledge the claim, but which am I going with defend all/defend part/contest

It must be your decision, but without the documents how can you defednd yourself?

climbingoutoftheabyss wrote: »

(or is it irrelvant at this stage?)

No, it's important to stay on one track, in that whichever route you go down you don't get diverted off that route.

climbingoutoftheabyss wrote: »

that gives us 28 days and I believe they move the case to our nearest??

Well, this is what happens, you will acknowledge the claim.

Then you will file a defence making an offer of payment, if they reject that offer (Which most do) then you will receive a CCJ.

You apply to have the CCJ removed - set aside based on them not complying with the correct legislation.

climbingoutoftheabyss wrote: »

I guess we write to Reston's and ask for the CCA (do you have a link to the template for this letter?)?

There should be aan adress which states "all communication must be vi" that's where you send your CCA request to

climbingoutoftheabyss wrote: »

I guess that confirms restons for the CCA ?

.
Yes

climbingoutoftheabyss wrote: »

What happens if Restons don't return the CCA by the date of the court case?

Then they play into your hands

The onus is now on them to prove you owe the debt, not the other way round.

10past6

Any communication between you and them must be done in writing only.

Always send any correspondence by recorded delivery.

This board moves fairly quickly, if you post on here for my advice, please send me a PM to draw my attention to your thread/

Below is the CCA rletter you can use to start the ball rolling:

Loan or CC Company
Address


Your Address

Date

Dear Sir/Madam

Re:− Account/Reference Number XXXXXXXXXXXXXXXXXX

With reference to the above agreement, I would be grateful if you would send us a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

ONLY PRINT - NEVER SIGN YOUR NAME.

10past6

On the court claim, are they claiming the WHOLE amount?

climbingoutoftheabyss

Great, the letter is written to Restons asking for the CCA, that will be sent tomorrow first class registered post with the pound payment included inside (I'll even send them cash).

My wife will acknowledge the court form tomorrow and we'll send that back.

So, Reston's have 12 working days from tomorrow's date to provide a copy of the CCA?